Terms of Admission of Nonimmigrants

The Attorney General is empowered to prescribe condi tions for the admission of nonimmigrants, including the furnishing of a bond when deemed appropriate to insure the alien’s departure from the United States upon the expiration of his alloted time or upon his failure to main-tain status.

An applicant for entry or extension of stay as a nonimmigrant must establish that he is admissible to the United States or that a ground for inadmissibility has been waived, and that he has any necessary passport and visa, unless such documents have been waived.

The following conditions apply generally to all non immigrants:

(1) Time limits. The admitting immigration officer fixes the maximum span for which the nonimmigrant is admitted, making allowance for the time needed to accomplish this temporary purpose of the entry.

(2) Conditions of stay. After admission to the United States as a a nonimmigrant the alien is permitted to remain in the United States only upon the following conditions. That he will maintain the nonimmigrant status under which he was admitted or which he subsequently may have been accorded.

That he will depart from the United States within the period of his admission or any authorized extension, or on abandonment of his authorized nonimmigrant status.

That he will not engage in employment or activity in the United States inconsistent with his status unless permission is first obtained from the district director at the place of the alien’s temporary residence in the United States.

That he will fulfill other conditions imposed by the admit ting immigration officer to assure his maintenance of status and timely departure.

There is no authority to revoke nonimmigrant status, and violations of such status can be challenged only in deporta tion proceedings.

(3) Extensions of temporary stay. Any nonimmigrant, other than one admitted in transit (C), fiancee (K), or as an alien crewman (D), who has not violated his status or overstayed his allotted time may be granted an extension or extensions of his temporary stay. However, extensions of stay are subject to the same conditions as the original ad mission; the applicant must show compliance with previous conditions and agree to comply with further conditions that may be imposed.

A nonimmigrant who violates his status or overstays his authorized period of stay is subject to deportation. How ever, as noted in Chapter 7, an alien admitted as a nonimmi grant is eligible to apply for adjustment to permanent resi dence status.